PHILADELPHIA (CBS) – A federal appeals court in Philadelphia has promised to expedite a ruling on a request to re-sentence former Pennsylvania state senator Vincent Fumo — a request by prosecutors to give him more jail time.
Fumo (right), convicted of 137 corruption counts in March of 2009, is now serving 55 months in prison. But the federal government argues that is way too low (see related story).
Prosecutors had wanted Fumo to get more than 20 years. The trial judge initially set a range of about 12 to 14½ years, and then settled for a little more than 4½.
The question of why is haunted by both legal technicalities and a lack of a documentation from the trial judge explicitly laying out his reasoning.
One of the appellate judges was clearly frustrated when told by Fumo’s attorney that the reasoning is in the trial record — even though the judge didn’t see it.
Fumo’s lawyer petitioned for a new trial on the grounds that at least one juror had learned damaging information ruled inadmissible by the trial judge.
Reported by John Ostapkovich, KYW Newsradio 1060